Ferguson v. JONAH – Trial Day 9 [unofficial] Transcript

June 18, 2015 (Trial Day 9)
See links to all transcripts here

NOTE:  This preliminary transcript is being provided as a public service but is NOT the official trial record

Testimony

• Jeremy Schwab
  • Direct: Pdf page 7 (transcript page 2469)
  • Cross: Pdf page 34 (transcript page 2495)
  • Redirect: Pdf page 55 (transcript page 2516)

• Preston Robert Dahlgren
  • Direct:  Pdf page 58 (transcript page 2519)
  • Cross: Pdf page 87 (transcript page 2548)
  • Redirect: Pdf page 104 (transcript page 2565)

• David DeJiacomo (Video-recorded testimony)
  • Indication that video was played appears Pdf page 110 (transcript page 2571)
  • [Transcript of video]

• Sean Hennigan (Video-recorded testimony)
  • Indication that video was played appears Pdf page 118 (transcript page 2579)
  • [Transcript of video]

A note about the video-recorded testimony:

Several of the defendants’ “success story” witnesses testified at trial by presenting excerpts of testimony videotaped earlier at their discovery depositions. These videos don’t present testimony in the sequence one might usually expect in trial testimony (i.e., direct, cross, then redirect) because at the time they were originally produced it wasn’t clear they would be used in lieu of live testimony.

Defendants did not clarify before the close of discovery depositions which, if any, of their “success story” witnesses would testify at trial, and of those that would, which would testify live. It was not until closer to trial that defendants clarified which of these witnesses would appear by video rather than live.

After it was settled that video testimony would be used, both sides were able to make designations from any portion of the deposition without regard to which side asked a particular question at the deposition. So if one party’s attorney asked a question on the tape, the other party might have asked for that question and answer to be included in the video designations. Then, all designations were played for the jury in sequential order from the original depositions. This is why questioning at times appears disjointed within the context of trial because of the original context of a discovery deposition and because the jury was not shown the entire depositions.